In 1998 a draft Victims´ Charter was developed and submitted to Minister Omar for approval. He indicated then that more research and consultation should be conducted before the draft is approved and circulated for comment to stakeholders.
Following extensive consultation with the relevant role-players such as SAPS, the Department of Social Development, the Department of Health, the Department of Correctional Services, the NDPP and the SALC, a draft Charter has been developed for consultation with the public, the NGO and academic sector.
The draft Charter, as it stands at the moment, is based on basic principles regarding victims´ rights, which are internationally acknowledged. Ultimately, the draft is as far as possible based on addressing the needs and experiences of South African victims/survivors of crime.
The Charter contains the following victims´ rights:
This Charter is divided into four parts. The first part outlines the rights and standard of services to which a victim is entitled to. The second part briefly explains the processes in the criminal justice system and what will happen to a victim if he or she has fallen prey to a crime. Part three lists the rights and gives an outline of the treatment and standard of services a victim can expect from the various role-players in the criminal justice system. Part four outlines the complaint procedures and also includes an address list of the relevant service providers.
The Victims´ Charter will be implemented in two phases. Phase 1 will entail administrative implementation, which will be done as soon as the relevant Ministries have approved the Charter. Phase 2 will entail the legislative implementation. This will take effect as soon as all investigations by the South African Law Commission, on legislation that will have an effect on the Charter, is completed. This process will in some instances necessitate that amendments be brought to the Victims´ Charter to accommodate new legislation.
A 3-day workshop is to be held on 17-19 September 2001, in Pretoria. The workshop will be attended by representatives from all government departments, various academic institutions and NGOs, as well as from various commissions and organisations.
Each day of the workshop has a specific aim. Day 1 will take the form of an information session regarding victim rights and victim empowerment on a national and international level. Day 2 will focus on the draft Charter itself and presentations from the various role-players who have specific responsibilities in terms of the Charter. Day 3 will be used to analyse the draft Charter in terms of its content and implementation.
After the consultative workshop, final changes will be made to the document and it will be submitted for final approval to our Ministry.
Due to financial constraints only a certain number of representatives can be invited to the consultative workshop. Persons who would like to comment on the document are invited to do so. A copy of the draft Victims´ Charter can be obtained from:
Hardcopies:Marié du Preez
Department of Justice
Directorate: Gender Issues
P/Bag X 81
PTA
0001
Tel: 012-315 1666
Fax: 012-325 9713
E-mail: MDuPreez@justice.gov.za
All comments and inputs should be submitted by 30 September 2001 to Marié du Preez at the above-mentioned address via fax, letter or e-mail.